[HISTORY: Adopted by the Village Board of the Village of
Kronenwetter 1-28-2014 by Ord. No. 14-01; amended in its entirety 12-13-2016 by Ord. No. 16-25. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
- OAK WILT FUNGUS
- Ceratocystis fagacearum is a disease of oak trees carried by way of grafted root systems between infected and healthy trees or by insects carrying spores.
The following are declared to be public nuisances whenever and
wherever they may be found within the designated oak wilt control
areas:
A.
Any living or standing tree or part thereof in the red oak group,
such as red oak, pin oak, and black oak, infected to any degree with
the oak wilt fungus, Ceratocystis fagacearum.
B.
Any living or standing tree in the white oak group, such as white
oak and bur oak, infected to any degree with the oak wilt fungus,
Ceratocystis fagacearum.
C.
Any parts of infected oaks that do not have bark removed, including
logs, branches, stumps and firewood.
A.
Annual inspection. The Tree Inspector or his/her duly appointed agents
shall survey the designated oak wilt control areas of the Village
to determine whether any conditions described in the "Nuisances declared"
section of this chapter exist. The Tree Inspector shall, in addition,
conduct emergency inspections, whenever deemed necessary, and take
action as authorized in this chapter.
B.
Entry upon private premises. The Tree Inspector, so designated by
the Village Board, or his/her duly appointed agents, will provide
twenty-four-hour notice to the landowner of the need to inspect the
property. If access is denied, the agent may enter upon private premises
at any reasonable time for the purpose of carrying out the duties
assigned to him/her in this chapter.
C.
Diagnosis. The Tree Inspector shall, whenever possible, upon finding
indications of oak wilt, make a diagnosis based upon accepted field
symptoms and, if deemed necessary, will deliver appropriate samples
or specimens for laboratory analysis. The cost of the sample analysis
will be the responsibility of the landowner upon whose lands the diseased
trees are located.
D.
It is unlawful for any person to prevent, delay or interfere with
the Village Tree Inspector or his/her agents in the performance of
duties imposed by this chapter.
E.
If the Tree Inspector finds evidence of oak wilt infection or the
potential for infection of other trees, he/she shall notify, by certified
mail, the owner of the property on which the nuisance is found. Said
notice shall contain the survey information with respect to the subject
trees on the property. Such notice shall describe the nuisance and
recommend procedures for its abatement within a period of time specified
by the inspector. The notice shall further state that unless the owner
abates the nuisance in the manner specified or appears at a hearing
to show such a nuisance does not exist or does not endanger the health
of other trees, the inspector may cause the abatement thereof at the
expense of the property served. The Tree Inspector reserves the right
to extend abatement procedures under difficult circumstances of compliance.
If the owner cannot be found, such notice shall be given publication
in a newspaper of general circulation in the Village. After the expiration
of the time limited by such notice, the Tree Inspector may proceed
to abate the nuisance as herein provided. The cost of such abatement
shall be assessed against the owner of the property involved or against
the property itself.
F.
Any owner of real estate in the control area, who receives any notice
as provided herein, may request that the Tree Inspector obtain a laboratory
test of such trees. Such a request shall be made to the Tree Inspector
within five days after the date of such notice with the costs of such
test being the responsibility of the landowner.
A.
Private landowner. An owner of the existence of oak wilt on his/her
property or a nuisance as described in this chapter shall abate or
direct the abatement of the nuisance within the specified time on
this notice. The abatement of nuisances and disposal of all associated
materials shall be done in a manner satisfactory with the Tree Inspector,
so as to ensure the elimination of the nuisance.
B.
Jurisdictional abatement. If the homeowner does not initiate abatement
procedures in the allotted time, the Tree Inspector may then proceed
to contract for the prescribed abatement procedure as soon as possible
and shall report to the Village Clerk all charges resulting from the
abatement procedures. The Clerk shall list all such charges along
with additional administrative costs as determined in this chapter
against each separate lot or parcel as a special assessment to be
collected commencing with the following year's taxes.
A.
Oak wilt is a community problem, and because oak wilt control may
benefit an entire neighborhood, the Tree Inspector shall recommend
and encourage neighborhood participation and cooperation, including
cost sharing, in root graft disruption and other control efforts,
especially where oak wilt is in danger of spreading across property
boundaries.
B.
To control overland spread of oak wilt, pruning, cutting or other
wounding of oaks is prohibited from April 15 until August 15, without
a written approval from the Village. During this period (April 15
until August 15), if wounding occurs or pruning is necessary in response
to an emergency (storm, equipment damage), a tree wound dressing shall
be applied immediately or as soon as possible, within 12 hours, to
each wound. The cut surface of stumps from living noninfected oaks
shall be immediately painted with a tree wound dressing.
C.
Any diseased material (died within the past 12 months) to be used
as fuel wood or to be salvaged for other purposes must be debarked
or completely covered and wrapped with heavy plastic (minimum of four
mil) for a period of time from April 15 until August 15. At any time,
stumps of infected trees (died within the past 12 months) shall be
removed or debarked to ground line to eliminate all possibilities
of formation of fungal mats and overland spread by insects. At any
time, any branch (from a tree that died within the past 12 months)
greater than two-inch diameter shall be disposed of by burning, chipping,
or removal to an authorized dump site.
It is unlawful for any person to transport, into, within or
through the control area, any diseased wood that has been determined
to be a nuisance as described in the previous sections, without having
obtained a permit from the Tree Inspector. Such permits shall only
be granted when the purposes of this chapter will be served thereby.
A.
Any person seeking a permit to trim, cut, prune or otherwise wound
(e.g., cabling) any oak tree(s) in the control area between April
15 and August 15 or transport diseased trees or parts thereof shall
request a permit from the Tree Inspector. Transported wood permits
shall describe the origin and final disposition of the wood and state
protective measures that must be followed to ensure against the spread
of oak wilt within the control area. Permits shall not be written
for more than a ten-day period.
B.
Permits for trimming of oaks shall not be given except in emergency
situations. The person doing the cutting, pruning, trimming or transporting
shall have a copy of the permit in his/her possession at all times
while doing the activity.
Individuals/developers/realtors proposing sale or construction
in areas containing oaks are required to schedule an on-site inspection,
with the Tree Inspector, to develop a plan to protect oaks from infection.
This written plan must be on file with the Village before any brushing,
surveying, testing, or construction activities take place. The existence
of the plan must be communicated to any prospective buyers.
At the time of sale or transfer of real property, the grantor(s)
or his/her agent bears the affirmative obligation to disclose the
terms of this chapter regulation to the grantee(s). In the event that
a nuisance has been declared against the grantor(s) through this chapter,
full disclosure shall be made, including the ramifications of noncompliance.
